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Victorian On-Demand Workforce Report released
31/08/2020
The Victorian Inquiry into the Victorian On-Demand Workforce recently submitted its report, with recommendations going some way to address concerns raised in the NDS submission about the impact of the ‘gig economy’ on the rights of both workers and people with disability.
On-demand work arises when workers are sourced on an as-needs basis, and characterises what is referred to as the ‘on-demand’ or ‘gig economy’. Online platforms have emerged and grown over the last decade that facilitate on-demand work on a large scale in disability and other sectors. However, the arrangements between platforms and workers have been the subject of active and contested debate, and have given rise to concerns over whether people in the gig-economy are being paid enough, whether the work is safe, and whether there are adequate protections for workers. A further concern in the disability and broader care sector is the ability to maintain quality safeguarding in this dynamic service model. COVID-19 has highlighted some of the challenges posed by reliance on a casualised, on-demand workforce.
NDS has recognised the need for the rapid expansion of the disability workforce, and supports innovative and new approaches to providing support for, and increasing the choice and control of people with disability. On-demand work is an emerging area within the disability sector that offers flexibility and the possibility to attract and retain more workers to the sector. Within this context, NDS is pleased that the report recommends changes to enhance certainty, choice and fairness for workers. In particular, NDS welcomes recommendations to strengthen provisions to counter ‘sham contracting’, and appreciates additional data released in the November 2019 report on the prevalence, nature and Impact of Digital Platform Work in Australia.
However, at the same time, challenges exist from the perspective of NDIS participants (and families and carers) in verifying workers’ credentials (both qualifications and checks) and thereby ensuring their own safety. NDS has raised concerns about the potential for the on-demand workforce to circumvent certain regulations and safeguards which exist for “traditional” not-for-profit service providers, thus posing a risk to people with disability.
Furthermore, this workforce model caters for short “gigs” which do not recognise that much disability support work requires long term and strategic work; and, from a workforce sustainability perspective, potentially poses risks to the longevity and quality of disability service provision. We welcome the Government’s focus on this area and would welcome further consultation with NDS members regarding what constitutes high-quality disability service provision, to ensure the rights of both workers and people with disability are protected.
The Inquiry report makes 20 key recommendations including calling for systems change to support genuine choice, fairness and certainty for the on-demand workforce. These aim to support six key outcomes:
- Clarify and codify work status to reduce doubt about work status and, therefore the application of entitlements, protections and obligations for workers and business, and align legislative definitions across the statute books.
- Streamline advice and support for workers whose work status is borderline.
- Provide fast-track resolution of work status so workers and business do not operate with prolonged doubt about the rules.
- Provide for fair conduct for platform workers who are not employees through establishing Fair Conduct and Accountability Standards that are principles-based and developed through a consultative process with relevant stakeholders.
- Improve remedies for non-employee workers to address deficiencies and anomalies in the existing approach.
- Enhance enforcement of work status to ensure compliance, including where sham contracting has occurred.
The Victorian Government will now consider the Inquiry’s recommendations, seek further feedback through a consultation process, and then provide a formal response.
For further information, see the full report or visit the Inquiry into the Victorian On-Demand Workforce webpage.
For any enquiries, please contact Sarah Fordyce, Acting State Manager Victoria, 03 8341 4303, submit enquiry/feedback